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HomeMy WebLinkAbout2018-10-03; Planning Commission; Resolution 7311 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION AND OPERATION OF A PROFESSIONAL CARE FACILITY ON A LOT ZONED OFFICE (O), GENERALLY LOCATED AT THE NORTHWEST CORNER OF FARADAY AVENUE AND EL FUERTE STREET WITHIN THE CARLSBAD OAKS NORTH BUSINESS PARK IN LOCAL FACILITIES MANAGEMENT ZONE 16. NAME: OAKMONT OF CARLSBAD CASE NO.: CUP 2017-0008 (DEV2017-0042) WHEREAS, Hannah Daugherty, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Ted Tchang, “Owner,” described as Lot 1 of Carlsbad Tract No. 97-13-1, Carlsbad Oaks North Phase 1, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 14926, filed in the office of the County Recorder of San Diego County, December 15, 2004 (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit as shown on Exhibit(s) “A” –“PP” dated October 3, 2018, on file in the Planning Division, CUP 2017-0008 – OAKMONT OF CARLSBAD, as provided by Chapter 21.42 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on October 3, 2018, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the CUP. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of CUP 2017-0008 – OAKMONT OF CARLSBAD, based on the following findings and subject to the following conditions: PLANNING COMMISSION RESOLUTION NO. 7311 PC RESO NO. 7311 -2- Findings: Conditional Use Permit (CUP 2017-0008) 1. That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the general plan, including, if applicable, the certified local coastal program, specific plan or master plan, in that the proposed professional care facility will provide shelter for Carlsbad residents in need of social interaction activities, medical care, dietary, exercising or other medically recommended programs. The use is compatible with the adjacent open space and nearby light industrial uses by using high quality building materials, providing greater setbacks from adjacent open space habitat, and featuring strong architectural relief and interest that avoids a monotonous design. The project will result in development of an existing graded lot. The facility is in harmony with the General Plan by providing a desired professional care facility, and the proposed use has been designed to be compatible with the surrounding uses. 2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located in that the proposed use is compatible with adjacent open space and light industrial uses by using high quality building materials, providing greater setbacks from adjacent open space habitat, and featuring strong architectural relief and interest that avoids a monotonous design. The use will not create negative noise, traffic, or visual impacts. Lastly, safe ingress and egress to the site is provided off of a private driveway from Faraday Avenue at a signalized intersection. 3. That the site for the proposed conditional use is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the City Planner, planning commission or City Council, in order to integrate the use with other uses in the neighborhood, in that the 6.38-acre site is adequate in size and shape to accommodate a professional care facility. The site does not have any constraints that would impede development or require significant site alterations. The professional care facility satisfies all applicable requirements, including but not limited to building setbacks, landscaping in the setbacks, lot coverage, parking requirements, and design regulations. Lastly, the architecture and design of the facility is complementary with the adjacent lots (open space), and provides a transition between the adjacent light industrial office uses along Faraday Avenue to the adjacent open space surrounding the project site. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the proposed project will generate an average daily trips (ADT) of 466 which is lower than the 900 ADT EIR 98-08 analyzed for the site. In addition, the project meets the parking requirements for the proposed use. A sidewalk and a class 2 bicycle facility exist on Faraday Avenue. Furthermore, organized shuttle buses offered by the facility shall assist residents with various needs at organized times, thus reducing traffic and demand for vehicle usage. PC RESO NO. 7311 -3- General 5. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan- Palomar Airport (ALUCP), dated December 1, 2011, in that: a. Noise: Exposure to aircraft noise. The airport noise contours are established for the purposes of evaluating the noise compatibility of land use actions in the AIA. Section 3.3.3.(a) of the ALUCP states “the threshold for evaluation is the projected 60dB CNEL contour. This contour define the noise impact area of the airport. As depicted in Exhibit III-1 of the ALUCP, the proposed project site is located outside the 60dB CNEL noise exposure range. Therefore, no noise restrictions apply to the proposed development. b. Safety: Land use that affects safety both for the people on the ground and in aircraft. As described in Section 3.4 of the ALUCP, the purpose of the safety compatibility policies is to minimize risks to people and property in the event of an aircraft accident by setting limits on the proposed land uses. The safety zones depicted in Exhibit III-2 of the ALUCP divide the airport vicinity into 6 safety zones, each representing relative risks for an aircraft accident. As shown in Exhibit III-2, the proposed project site is located within Safety Zone 6 (Traffic Pattern Zone). Per ALUCP Policy 3.4.6.(a)(5) and Table III-2, congregate care facilities, nursing homes, and assisted living facilities located in Safety Zone 6 are a compatible land use. Therefore, no safety restrictions apply to the proposed project. c. Airspace protection: Protection of airport airspace. ALUCP Policy 3.5.4(a) indicates that with limited exceptions, no object shall have a height that would result in the penetration of the airspace protection surfaces for McClellan-Palomar Airport. As depicted in Exhibit III-3, the proposed project site underlies the horizontal surface which is a flat surface established 150 feet above the established airport elevation. Based on the airport’s elevation of 331 feet mean sea level (MSL), the horizontal surface height is 481 feet MSL. The approximate elevation of Lot 1 is 256 feet MSL. The tallest elevation of the project’s structures, which is an architectural feature of the main building, is 45 feet tall, bringing the project to an elevation of approximately 301 feet MSL, a difference of about 180 feet would exist between the highest point of the building and horizontal surface (481 feet MSL horizontal surface – 301 feet MSL building height = 180 feet clearance). Therefore, the proposed project would not penetrate the airspace protection surface for the airport, and is in compliance with the Airspace Protection criteria. Furthermore, to thoroughly analyze the project, a FAA Form 7460-1 Notice of Proposed Construction or Alteration was submitted and the FAA determined the project posed no hazard to airspace navigation. d. Overflight – Annoyance and other general concerns related to aircraft overflight. The project site is located within the Airport Influence Area (AIA) Exhibit IIII-5. According to ALUCP Policy 3.6.3 recordation of an overflight notification is mandated only for new residential land use development. Since this project is not considered a residential development, rather a commercial facility, recordation of an overflight notification document is not required for this project. PC RESO NO. 7311 -4- 6. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 16 and all city public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. 7. That the City Planner has determined the potential environmental effects of the project were adequately analyzed by the September 2018 Addendum of Planning Commission Resolution No. 7312, and by substantial evidence that the proposed project, construction and operation of a professional care facility (Oakmont of Carlsbad) on 6.38-acre lot will not result in any new impacts or any increase in severity of impacts beyond those that were previously addressed under EIR 98-08. 8. That the project is consistent with the city’s Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 9. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit or building permit, whichever comes first. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the city shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the city’s approval of this General Plan Amendment, Zone Change, Specific Plan Amendment, Conditional Use Permit and Addendum. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Conditional Use Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. PC RESO NO. 7311 -5- 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred by the city arising, directly or indirectly, from (a) city’s approval and issuance of this Conditional Use Permit, (b) city’s approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator’s installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the city’s approval is not validated. 6. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 7. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 16 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 8. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the city that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. 9. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 10. CUP 2017-0008 shall be reviewed by the city planner annually to determine if all conditions of this permit have been met and that the use does not have a substantial negative effect on surrounding properties or the public health, safety and general welfare. If the City planner determines that (1) the conditional use permit was obtained by fraud or misrepresentation; or (2) the use for which such approval is granted is not being exercised; or (3) the conditions of approval have not been met; or (4) the conditional use permit is being or recently has been exercised contrary to any of the terms or conditions of approval; or (5) the use for which such approval was granted has ceased to exist or has been suspended for one year or more; or (6) the use is in violation of any statute, ordinance, law, or regulation; or (7) the use permitted by the conditional use permit is being or has been so exercised as to be detrimental to the public health, safety or welfare or so as to constitute a nuisance, the City planner shall recommend that the Planning Commission hold a public hearing and after providing the permittee the opportunity to be heard, the Planning PC RESO NO. 7311 -6- Commission may revoke and terminate the conditional use permit in whole or in part, reaffirm the conditional use permit, modify the conditions or impose new conditions. 11. Developer shall submit and obtain city planner approval of a Final Landscape, and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan, and the city’s Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 12. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the planning division and accompanied by the project’s building, improvement, and grading plans. 13. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. 14. Developer shall report, in writing, to the city planner within 30 days, any address change from that which is shown on the permit application. 15. Developer shall pay the Citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 15, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 16. Prior to the issuance of a grading permit, the Developer shall submit to the city a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the City planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a General Plan Amendment, Zone Change, Specific Plan Amendment, Conditional Use Permit and Addendum by Resolution Nos. 7310, 7311, 7312 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City planner has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 17. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot high masonry wall with gates pursuant to city Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the City planner. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the City planner. 18. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner of an Outdoor Storage Plan, and thereafter comply with the approved plan. PC RESO NO. 7311 -7- 19. Developer shall submit and obtain City Planner approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. Project lighting shall be in the amber wavelength and directed away from native habitat or shielded to minimize light pollution. 20. Approval is granted subject to the approval of Planning Commission Resolution No. 7312 (Addendum) and is subject to all conditions contained in the Mitigation Monitoring and Reporting Program of EIR 98-08, and Planning Commission Resolution No’s: 7310, 7311, 7312. 21. Signage and fencing shall be installed along the northern project limits to inform people that there is no public access into the adjacent hardline preserve, the sensitive nature of the proposed adjacent hardline, and associated habitats that are being protected. 22. Developer shall implement, or cause the implementation of Project Mitigation Monitoring and Reporting Program included in Planning Commission Resolution No. 5244, dated October 8, 2002. 23. Prior to the commencement of any ground disturbing activities, the project developer shall: A. Retain the services of a qualified paleontologist who shall be on-site for the original cutting of previously undisturbed native soil (part-time for marine terrace deposit areas and full-time for Santiago Formation deposit areas). The paleontologist shall recover any discovered fossils and is empowered to temporarily divert or halt grading to allow recovery in a timely manner. Fossils shall be treated appropriately, catalogued, and deposited with pertinent field notes, photos, and maps, etc., as a donation with financial support for initial specimen storage in a scientific institution with permanent paleontological collections. B. Retain the services of a qualified archaeologist who shall be on-site for ground disturbing activities. In the event cultural material is encountered, the archaeologist is empowered to temporarily divert or halt grading to allow for coordination with the Luiseño Native American monitor and to determine the significance of the discovery. The archaeologist shall follow all standard procedures for cultural materials that are not Tribal Cultural Resources. C. Enter into a Pre-Excavation Agreement, otherwise known as a Tribal Cultural Resources Treatment and Tribal Monitoring Agreement, with the San Luis Rey Band of Mission Indians or other Luiseño tribe that meets all standard requirements of the tribe for such Agreements. This agreement will address provision of a Luiseño Native American monitor and contain provisions to address the proper treatment of any tribal cultural resources and/or Luiseño Native American human remains inadvertently discovered during the course of the project. The agreement will outline the roles and powers of the Luiseño Native American monitors and the archaeologist. PC RESO NO. 7311 -8- Engineering Conditions: General 24. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, developer shall apply for and obtain approval from, the city engineer for the proposed haul route. 25. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the district engineer has determined that adequate water and sewer facilities are available at the time of permit issuance and will continue to be available until time of occupancy. 26. Developer shall include rain gutters on the building plans subject to the city engineer’s review and approval. Developer shall install rain gutters in accordance with said plans. 27. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. The property owner shall maintain this condition. 28. Developer shall submit to the city engineer written approval from North County Transit District (NCTD) demonstrating mass-transit improvement requirements for this project have been satisfied. Fees/Agreements 29. Developer shall cause property owner to execute and submit to the city engineer for recordation, the city’s standard form Geologic Failure Hold Harmless Agreement. 30. Developer shall cause property owner to execute and submit to the city engineer for recordation the city’s standard form Drainage Hold Harmless Agreement. 31. Developer shall cause property owner to submit an executed copy to the city engineer for recordation a city standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement. Grading 32. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports as required by city engineer, post security and pay all applicable grading plan review and permit fees per the city’s latest fee schedule. Storm Water Quality 33. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, PC RESO NO. 7311 -9- maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 34. Developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP). The TIER 3 SWPPP shall comply with current requirements and provisions established by the San Diego Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall identify and incorporate measures to reduce storm water pollutant runoff during construction of the project to the maximum extent practicable. Developer shall pay all applicable SWPPP plan review and inspection fees per the city’s latest fee schedule. 35. This project is subject to ‘Priority Development Project’ requirements. Developer shall prepare and process a Storm Water Quality Management Plan (SWQMP), subject to city engineer approval, to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP required by this condition shall be reviewed and approved by the city engineer with final grading plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city’s latest fee schedule. 36. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc.) incorporate all source control, site design, pollutant control BMP and applicable hydromodification measures. 37. Prior to approval of building permits, the developer shall submit and obtain approval from the city engineer for a Transportation Demand Management (TDM) Plan as the project is subject to transportation demand management strategies that reduce the reliance on single-occupant automobiles. The plan shall include implementation approaches and timelines. Dedications/Improvements 38. Developer shall design the private drainage systems, as shown on the site plan to the satisfaction of the city engineer. All private drainage systems (12” diameter storm drain and larger) shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems. 39. Developer shall prepare and process public improvement plans and, prior to city engineer approval of said plans, shall execute a city standard Development Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements shown on the site plan. Said improvements shall be installed to city standards to the satisfaction of the city engineer. These improvements include, but are not limited to: A. Street striping and signs to accommodate new turn lanes, extension of an existing turn lane and modifications to the traffic signal at the intersection of Faraday Avenue and El Fuerte Street. Signal improvements shall include but not be limited to constructing signal appurtenances and may include traffic signal interconnect conduit and cable. B. Abandonment and/or removal of any existing public water services or sewer laterals along the property frontage that will not be used to service the property, subject to the PC RESO NO. 7311 -10- direction of the city engineer. C. Installation of new water services, backflow preventers and meters. D. Any modification to driveway approaches within the public right-of-way. Developer shall pay the standard improvement plan check and inspection fees. Improvements listed above shall be constructed within 36 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement but in no case shall said improvements be installed and operational later than issuance of certificate of occupancy. 40. The westerly driveway shall be gated and restricted to emergency vehicles only. Developer shall cause owner to waive direct access rights by separate document prior to the issuance of a building permit for the most westerly driveway fronting Faraday Avenue. 41. Prior to issuance of a grading permit, proof of vacation of an existing Buena Sanitation District easement and dedication of a new easement as noted on the site plan shall be submitted to the city engineer. If alternative methods to establish sewer access are pursued, Developer shall submit written proof from Buena Sanitation District that they accept said alternative methods. 42. Developer shall design, and obtain approval from the city engineer, the structural section for the access aisles with a traffic index of 5.0 in accordance with city standards due to truck access through the parking area and/or aisles with an ADT greater than 500. Prior to completion of grading, the final structural pavement design of the aisle ways shall be submitted together with required R-value soil test information subject to the review and approval of the city engineer. Utilities 43. The developer shall agree to design landscape and irrigation plans utilizing recycled water as a source and prepare and submit a colored recycled water use map to the Planning Division for processing and approval by the district engineer. 44. Developer shall install potable water and/or recycled water services and meters at locations approved by the district engineer. The locations of said services shall be reflected on public improvement plans. 45. The developer shall agree to install sewer laterals and clean-outs at locations approved by the city engineer. The locations of sewer laterals shall be reflected on public improvement plans. Code Reminders 46. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the site plan are for planning purposes only. 47. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. PC RESO NO. 7311 -11- 48. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management fee for Zone 16 as required by Carlsbad Municipal Code Section 21.90.050. 49. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable city ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 50. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 51. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 52. Any signs proposed for this development shall at a minimum be designed in conformance with the city’s Sign Ordinance and shall require review and approval of the City Planner prior to installation of such signs. 53. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 54. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the City of Carlsbad Municipal Code to the satisfaction of the City Engineer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020{a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on October 3, 2018 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chair Montgomery, Commissioners Anderson, Geidner, Luna, Meenes, and Segall None None None CARLSBAD PLANNING COMMISSION ATTEST: (Ln DON NEU City Planner PC RESO NO. 7311 -12-